Patna High CourtCR. MISC./48466/2023bail granted

Kundan Kumar v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48466 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== KUNDAN KUMAR S/O ARUN KUMAR R/O Village- Joktata, P.S- Chandi, Distt.- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Kamaluddin For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Udwant Nagar P.S. Case No. 135 of 2023 dated 21.03.2023 registered for the offence punishable under Section 399, 401 and 411 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 and 27 of the Arms Act.

4. As per the prosecution case, a mobile phone and one live cartridge are recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.48466 of 2023(2) dt.16-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Ara, Bhojpur in connection with Udwant Nagar P.S. Case No. 135 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T